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Foster City Zoning Code

ARTICLE IV

USES

Sec. 38-191. - Table of uses.

Key:

Y - Permitted use

N - Prohibited use

ADPR - Administrative development plan review

FDPR - Formal development plan review

LAND - Land development project

S - Special use permit

*No parking, signs (temporary or permanent, fixed or moveable) or structures (other than mailboxes) are permitted within 30 feet of the highway right-of-way.

The uses in the various zoning districts are as follows:

Districts
ARGBMHC2
Agricultural Uses
1. Raising animals for home use Y N N Y
2. Raising animals for sale or for sale of animal products:
A. A maximum of 35 animals on five acres or less: five additional animals for each additional acre over five acres. No DPR required. Y N N Y
B. Animals exceeding the above, see section 38-290 for supplementary regulations. No DPR required. S N N S
3. Raising crops and forest products Y N N Y
4. Commercial nursery structures S Y N Y
5. Sale of produce raised on the premises Y Y N Y
6. Poultry farm with capacity for more than 10,000 birds. See section 38-290 for supplementary regulations. S N N S
Residential Uses
1. Single-family detached dwelling Y Y N Y
2. Accessory dwelling unit (ADU). (See section 38-282 for further requirements.) Y Y N Y
3. Residential compound Y N N N
4. Multi-family dwelling structure (See section 38-281) Y(LAND) Y(LAND) N Y(LAND)
5. Community residences, and family daycare homes Y Y N Y
6. Short-term rental structure or bed and breakfast (for tourist or transient use as defined in section 38-2). Y(FDPR) Y(FDPR) N Y(FDPR)
7. Motel N Y(FDPR) N Y(FDPR)
8. Hotel N Y(FDPR) N Y(FDPR)
9. Customary home occupation (performed by the occupant provided such activity shall not be visible from a lot line and that exterior advertising shall conform to the provisions of section 38-288) Y (ADPR) Y(ADPR) N Y(ADPR)
10. Rest home or in-patient rehabilitation facility Y(LAND) Y(LAND) N Y(LAND)
11. Senior citizens group dwelling structure(s): Permitted in the AR and HC2 districts for the use of senior citizen group housing. Refer to section 38-284. LAND N N Y (LAND)
12. Adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed use developments which include the development of at least 50 percent of the existing gross floor area into residential units. (See section 38-360 for exceptions.) Y(LAND) Y(LAND) Y(LAND) Y (LAND)
Open Recreation Uses
1. Public playground or park Y(FDPR) Y(FDPR) Y(FDPR) Y(FDPR)
2. Bathing beach Y(FDPR) N N N
3. Golf course Y(FDPR) N N N
4. Camping area (licensed by town) S N N S
5. Rod and gun clubs, rifle or pistol ranges S N N Y(FDPR)
6. Open rec. events and amusements (license required by town council pursuant to chapter 6, article II, division 2) Y Y Y Y
Public and Semi-Public Uses
1. School or College S Y(FDPR) N Y(FDPR)
2. Religious institution Y Y N Y
3. Library, museum, etc. Y(FDPR) Y(FDPR) Y(FDPR) Y(FDPR)
4. Medical clinic S Y(FDPR) N Y(FDPR)
5. Hospital N N N S
6. Town of Foster government building N Y(FDPR) Y(FDPR) Y(FDPR)
7. Federal government building of any kind N Y(FDPR) Y(FDPR) Y(FDPR)
8. Fire station or ambulance barn Y(FDPR)
N 		Y(FDPR) Y(FDPR) Y(FDPR)
9. General purpose hall for recreation, social or other intermittent functions Y(FDPR) Y(FDPR) N Y(FDPR)
10. Cemetery S N N N
11. State government building of any kind Y(FDPR) N N Y(FDPR)
Office Uses
1. Professional office in the home (for use by a resident of the premises) Y(ADPR) Y(ADPR) N Y(ADPR)
2. Bank or office building N Y(FDPR) N Y(FDPR)
3. Real estate office S Y(FDPR) N Y(FDPR)
4. Office for wholesale or manufacturing uses N Y(FDPR) N Y(FDPR)
Restaurants and Entertainment
1. Lunchroom or restaurant Y(FDPR) Y(FDPR) N Y(FDPR)
2. Tavern or night club N Y(FDPR) N Y(FDPR)
3. Drive-in food or dairy bar N Y(FDPR) N Y(FDPR)
4. Theater or concert hall N Y(FDPR) N Y(FDPR)
5. Indoor commercial recreation Y(FDPR) Y(FDPR) N Y(FDPR)
6. Cafeteria (accessory to a permitted use and designated to serve the students, employees and patrons of the main use. Located entirely within the main building and with no exterior advertising) Y Y(ADPR) N Y(ADPR)
7. Outdoor commercial recreation Y(FDPR) N N Y(FDPR)
Business
1. Barber, beautician, shoe repair, tailor, laundry pickup and similar service shops S Y(FDPR) N Y(FDPR)
2. Antique shop, gift shop, florist shop, pet shop and specialty shops S Y(FDPR) N Y(FDPR)
3. Mortuary or funeral home N S N S
4. Radio or television studio or transmission studio N Y(ADPR) N Y(ADPR)
5. Drive-in theater N Y(FDPR) N Y(FDPR)
6. Veterinary Y Y(FDPR) N Y(FDPR)
7. Caterer Y(ADPR) Y(ADPR) N Y(ADPR)
8. Gasoline filling station (no major repairing) N S N S
9. General automotive repair N S N Y(FDPR)
10. Vehicle rental agency N Y(FDPR) N Y(FDPR)
11. Building materials and supplies, grain and feed and similar stores N Y(FDPR) N Y(FDPR)
12. Grocery, bakery, drug, hardware, variety and similar neighborhood stores N Y(FDPR) N Y(FDPR)
13. Fruit and vegetable stand (see section 38-276) Y Y N Y
14. General merchandise, supermarket, department store, furniture store and household goods store (including storage up to 30 percent of the gross floor area) N Y(FDPR) N Y(FDPR)
15. Auto or truck sales in a building (including repairs) N Y(FDPR) N Y(FDPR)
16. Auto or truck sales in an open lot N Y(FDPR) N Y(FDPR)
17. Retail sales in an open lot N Y(FDPR) N Y(FDPR)
18. Package store (alcoholic beverages) N Y(FDPR) N Y(FDPR)
19. Medical office building situated on a state or U.S. highway S Y(FDPR) N Y(FDPR)
20. Communications towers and antennas* (see section 38-291) S(FDPR) S(FDPR) S(FDPR) S(FDPR)
21. Firearms shops, ammunition shops, edged weapons shops N Y(FDPR) N Y(FDPR)
22. Restaurant, pharmacy, or finance institution drive-through (see section 38-285) N Y(FDPR) N Y(FDPR)
23. Winery S Y(FDPR) N Y(FDPR)
24. Farm brewery S Y(FDPR) N Y(FDPR)
25. Farm distiller S Y(FDPR) N Y(FDPR)
26. Micro-brewery S Y(FDPR) N Y(FDPR)
27. Distillery S Y(FDPR) N Y(FDPR)
28. Animal boarding or kennel (requires DPR approval prior to town council or town clerk approval). See section 38-290 for supplementary regulations. Y(FDPR) Y(FDPR) N Y(FPDR)
Transportation and Parking
1. Commercial off-street parking facility N Y(FDPR) N Y(FDPR)
2. Rail or motor freight terminal N S N S
3. Rail or bus passenger station Y(ADPR) Y(ADPR) N Y(ADPR)
Wholesale Business and Storage
1. Wholesale business and storage of non-flammable and non-explosive material in a building N Y(FDPR) N Y(FDPR)
2. Open lot storage of building materials and machinery, etc. (see section 38-298 for screening standards) Y(FDPR) Y(ADPR) N Y(ADPR)
3. Storage of flammable or explosive materials above ground (other than for normal home heating fuel use, not to exceed 1,000 gallons). Amended 9/21/95 N N N Y(FDPR)
4. Open storage of solid fuel (other than wood). (See section 38-298 for screening standards.) S S N S
5. Storage of flammable or explosive materials on-site, above or underground N Y(FDPR) N Y(FDPR)
6. Retail outlet for wholesale or storage or commercial storage facility N Y(FDPR) N Y(FDPR)
7. Enclosed storage of equipment and materials used for purposes including, but not limited to, landscaping, agriculture, construction, and woodworking. Keeping of animals strictly prohibited by this use. Y Y Y Y
Service Industries
1. Auto body or paint shop N Y(FDPR) N Y(FDPR)
2. Electric substation S S N S
3. Office or office building, service, building, storage of materials, uses incidental or related to operation of maintenance of all or any part of a public service system, or any structure or uses substantially similar to any of the structures or uses included in this subsection Y(FDPR) Y(FDPR) N Y(FDPR)
4. Any other structure which is part of a public service system S S N S
5. Laundromat N S N S
6. Major or medium solar installation Y(LAND) Y(LAND) Y(LAND) Y(LAND)
Industrial Use
1. The following uses in a single story building of not more than 1,000 square feet in area, occupying the same lot as the residence of the owner and set back at least 100 feet from the public highway, at least 100 feet from side lot lines and at least 100 feet from rear lot lines: Scientific or research laboratory, manufacture of musical or precision instruments, natural soaps and cosmetics, manufacture of toys and novelties, light metal fab-shop, blacksmith or welding shop, manufacture of electric or electronic devices and appliances, ceramics or pottery manufacture, manufacture of boats, fine arts and handcraft studios, woodworking and cabinetmaking, furniture repair, conservation arts S Y(FDPR) N Y(FDPR)
studios, provided that such uses do not create smoke, gas odors, sound, vibration, soot, or hazardous waste to a degree obnoxious or offensive to person residing or conducting business in the neighborhood.
2. The manufacture, compounding, processing or packaging of bakery goods, candy, cosmetics, drugs, food products (excluding meat, fish, yeast, vinegar and the rendering of fats and oils) and other similar operations N Y(FDPR) N Y(FDPR)
3. The manufacture, compounding or assembly of articles using shell, cellophane, plastic, fur, glass, leather, precious metals or stones, wood, textiles or tobacco and other previously prepared products N Y(FDPR) N Y(FDPR)
4. The manufacture and assembly from prepared materials of musical instruments, precision instruments, clocks, toys, novelties, appliances, electronic devices, metal products, machine tools and machinery (not requiring the use of drop hammers and punch presses of over 100 tons) and other similar products N Y(FDPR) N Y(FDPR)
5. Machinery and machine tool manufacture (requiring drop hammers or punch presses of over 100 tons) N Y(FDPR) N Y(FDPR)
6. Auto assembly or manufacture N Y(FDPR) N Y(FDPR)
7. Boat building N Y(FDPR) N Y(FDPR)
8. Commercial boat storage and repair N Y(FDPR) N Y(FDPR)
9. Welding shop N Y(FDPR) N Y(FDPR)
10. Scientific or research laboratory N Y(FDPR) N Y(FDPR)
11. Woodworking and cabinetmaking N Y(FDPR) N Y(FDPR)
12. Ceramics or pottery manufacture N Y(FDPR) N Y(FDPR)
13. Loam stripping S S N S
14. Retail outlet for permitted industrial operation S Y(FDPR) N Y(FDPR)
15. Soap manufacture N S N S
16. Sodium compounds manufacture N S N S
17. Stone cutting S S N S
18. Tile or brick manufacture N Y(FDPR) N Y(FDPR)
19. Sawmill Y(FDPR) Y(FDPR) N Y(FDPR)
20. Chemical manufacture N S N S
21. Gravel banks, natural material processing, stone crushing and sorting, mining, quarrying (see section 38-298 for screening standards). (See section 12-47 for renewal requirements.) (See section 26-4, section 26-81, and section 26-87 for land disturbing activity applicability procedures, approval procedures, and soil erosion and sediment control plan contents.) S S N S
Accessory Uses
1. Any use of land or of a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure which is permitted in the district (listed as "Y," "FDPR," "ADPR" or "LAND" and located on same lot (may be reviewed in conjunction with or separate from a primary use) Y Y N Y
2. Any use of land or of a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure which is permitted in the district as a special use permit and located on the same lot. A special use permit may be granted for an accessory use in conjunction with a special use permit for a primary use as a condition of the special use permit for the primary use. A special use permit may be granted for an accessory use following the grant of a special use permit for the primary use as a condition to the existing special use permit. S S S S
Medical Marijuana Uses
1. Compassion center N Y(FDPR) N Y(FDPR)
2. Licensed cultivator S Y(FDPR) N Y(FDPR)
3. Medical marijuana emporium N Y(FDPR) N Y(FDPR)
4. Nonresidential cooperative cultivation N Y(FDPR) N Y(FDPR)
5. Residential cooperative cultivation S N N S
6. Residential caregiver cultivation Y(ADPR) Y(ADPR) Y(ADPR) Y(ADPR)
7. Residential personal cultivation Y(ADPR) Y(ADPR) Y(ADPR) Y(ADPR)
Recreational Marijuana Uses
1. Cannabis or marijuana cultivator N S N S
2. Cannabis establishment or marijuana establishment N S N S
3. Cannabis product manufacturer or marijuana product manufacturer N S N S
4. Cannabis retailer or marijuana retailer N S N S
5. Medical cannabis treatment center or medical marijuana treatment center N S N S

 

Any use, not expressly permitted in this article, shall be presented by the property owner to the administrative officer. Upon application for the use not expressly permitted or at a preapplication conference, the administrative officer shall immediately transmit the application to the zoning enforcement officer.

Upon receipt of an application for a use not expressly permitted or following a preapplication conference regarding a use not expressly permitted, the administrative officer and/or zoning enforcement officer shall evaluate and determine whether the proposed use is of a similar type, character, and intensity as a listed use in section 38-191 requiring a special use permit. Upon such determination, the proposed use may be considered to be a use requiring a special use permit. If such determination is made, the application for the proposed use shall be heard as a special use permit for the use of a similar type, character, and intensity as listed in section 38-191 by the zoning board of review, or by the planning board pursuant to section 38-325 and section 3246.

If an environmental impact study is requested by the administrative officer and/or the zoning enforcement officer for the use not expressly permitted, which is found to be of a similar type, character, and intensity as a listed use in section 38-191 requiring a special use permit, the study shall be conducted at the expense of the applicant and shall be included in the formal submission of the special use permit for review.

(Ord. of 6-3-1994, § 1; Ord. of 9-21-1995, § 1; Ord. of 3-20-1997; Ord. of 2-19-1998; Ord. of 11-19-1998; Ord. of 3-5-1998; Ord. of 6-21-2001; Ord. of 1-24-2002; Ord. of 9-9-2010; Ord. of 6-25-2015(1); Ord. of 7-23-2015; Ord. of 8-27-2015(1); Ord. of 1-14-2016(4); Ord. of 2-28-2019(1); Ord. of 9-7-2022;Ord. of 9-14-2023(1); Ord. of 9-14-2023(2); Ord. of 9-14-2023(4); Ord. of 9-14-2023(5); Ord. of 9-14-2023(6); Ord. of 11-9-2023(3); Ord. of 1-11-2024(3))

Sec. 38-192. - Dimensional regulations.

(1)

AR agricultural/residential district. Dimensional regulations for the AR district are as follows:

Single-Family
Residence Structure 		Other
Permitted Use		Senior Citizens
Group Housing
Minimum lot size 200,000 square feet 200,000 square feet 400,000 square feet
Minimum lot area per living unit NA NA 40,000 square feet
Minimum lot frontage 300 feet 300 feet 300 feet
Minimum lot width 300 feet 300 feet 300 feet
Minimum front yard depth 35 feet 35 feet 35 feet
Minimum side yard depth 50 feet 50 feet 50 feet
Minimum rear yard depth 50 feet 50 feet 50 feet
Maximum building coverage 3 percent 3 percent 3 percent
Maximum building height 35 feet 35 feet 2 stories or 20 feet
Maximum number of bedrooms per unit NA NA 2 bedrooms per 1 unit

 

(2)

General business district. Dimensional regulations for the GB district are as follows:

Any Permitted Use
Minimum lot size 200,000 square feet
Minimum front yard depth 35 feet
Minimum lot frontage 300 feet
Minimum lot width 300 feet
Minimum side yard depth 50 feet
Minimum rear yard depth 50 feet
Maximum building height 35 feet
Minimum buffer strip (side and rear yards) 30 feet
Minimum distance of structure from A/R zoning district 50 feet
Maximum building coverage (of net buildable area) c 25% a,b
Maximum impervious surface coverage (of net buildable area) c 60% a,b

 

a Provided that all parking and design requirements are met.

b One drive-through use shall be permitted within shopping centers having less than 100,000 square feet of gross floor area, provided that common curb cuts for the center are used. The drive-through use shall not have dedicated curb cuts in addition to those utilized in access to the center. The drive-through use shall be limited to a restaurant, pharmacy, or finance institution only. The design of the drive-through use shall provide for safe vehicular and pedestrian circulation and function in a manner that complements the center in which it is located. The use shall not create traffic hazards interior to the site or in the surrounding street network and neighborhood. It shall be properly screened and buffered to minimize impacts on surrounding properties and other uses within the center.

c Net buildable area is defined as the total area of the applicable lot minus setbacks, buffer strips, and wetlands.

(3)

Highway commercial (2) district (HC2). Dimensional regulations for the HC2 district are as follows:

Commercial Uses
(unless otherwise stated in this section)		Single-Family
Residence Structure		Senior Citizens
Group Housing
Minimum lot size 200,000 square feet 200,000 square feet 400,000 square feet
Minimum lot area per living unit NA NA 40,000 square feet
Minimum lot frontage 300 feet 300 feet 300 feet
Minimum lot width 300 feet 300 feet 300 feet
Minimum front yard depth 35 feet 35 feet 35 feet
Minimum side yard depth 50 feet 50 feet 50 feet
Minimum rear yard depth 50 feet 50 feet 50 feet
Maximum building coverage 25 percent or 50,000 square feet, whichever is less 3 percent 3 percent
Maximum building height 35 feet 35 feet 2 stories or 20 feet
Number of units per structure NA NA 3—10 units per structure
Minimum buffer strip (side and rear yards) 30 feet 30 feet 30 feet
Minimum distance of structure from A/R zoning district 50 feet As required by setbacks As required by setbacks
Maximum building coverage (of net buildable area) c 25% a,b 3 percent 3 percent
Maximum impervious surface coverage (of net buildable area) c 60% a,b 25 percent 25 percent

 

a Provided that all parking and design requirements are met.

b One drive-through use shall be permitted within shopping centers having less than 100,000 square feet of gross floor area, provided that common curb cuts for the center are used. The drive-through use shall not have dedicated curb cuts in addition to those utilized in access to the center. The drive-through use shall be limited to a restaurant, pharmacy, or finance institution only. The design of the drive-through use shall provide for safe vehicular and pedestrian circulation and function in a manner that complements the center in which it is located. The use shall not create traffic hazards interior to the site or in the surrounding street network and neighborhood. It shall be properly screened and buffered to minimize impacts on surrounding properties and other uses within the center.

c Net buildable area is defined as the total area of the applicable lot minus setbacks, buffer strips, and wetlands.

(4)

M municipal district. Dimensional requirements for the M district are as follows:

Any Permitted Use
Minimum front yard depth 35 feet
Minimum side yard depth 50 feet
Minimum rear yard depth 50 feet
Maximum building height 40 feet

 

(5)

Reserved—Municipal/historic overlay district. This subsection is reserved.

(6)

Additional dimensional regulations; uses permitted by special use permit. Any use listed in section 38-191 requiring a special use permit in the AR district shall conform at least to the dimensional regulations for other permitted use of the AR district, and to such further dimensional requirements as may be imposed for that use in this article or by the zoning board of review in granting the special use permit.

(7)

Reserved—FC farmland/conservation overlay district. This subsection is reserved.

(8)

Utility dimensional regulations. All utilities including, but not limited to, septic systems and wells shall be set back, at a minimum, 50 feet from side and rear lot lines, 35 feet from the front lot line, and shall adhere to the natural conditions buffers and setbacks established under 250-RICR-150-15-3. All buildings shall be set back 35 feet from the front lot line, 50 feet from side and rear lot lines, and shall adhere to the natural conditions buffers and setbacks established under 250-RICR-150-15-3. OWTS shall be set back a minimum of 100 feet from wells.

 * ;hg;No parking, signs (temporary or permanent, fixed or moveable) or structures (other than mailboxes) are permitted within 30 feet of the highway right-of-way.

NA = ;hg;Not applicable.

(Ord. of 6-23-1994, art. IV, § 13; Ord. of 9-9-2010; Ord. of 1-14-16(3); Ord. of 10-12-2023(1))

Sec. 38-193. - Prohibited uses.

The following uses shall not be permitted within the Town of Foster:

Acetylene gas manufacture

Acid manufacture

Adult entertainment uses involving nudity or partial nudity

Airport or heliport

Ammonia or bleach manufacture

Any use which is obnoxious by reason of the emission of gasses, odors, noise, dust, vibration or soot or by reason of the danger of fire or explosion

Asphalt manufacture of refining

Atomic energy processes and storage

Automobile, truck, or other vehicle junkyard

Brewery or distillery

Carbon black manufacture

Cement, lime, gypsum, pyroxylin, or plastic manufacture

Chlorine manufacture

Coal distillation and derivation of coal products

Commercial facilities established for the purpose of storage, processing, or disposal of organic and nonorganic waste

Commercial laundry (excepting a laundromat as provided for in section 38-191)

Commercial slaughterhouse

Creosote manufacture

Dormitory, except where accessory to a permitted use

Dry cleaning plant

Explosives manufacture

Fertilizer manufacture

Fossil fuel and nuclear power generating station

Glue manufacture

House trailer park or colony

House trailers/mobile homes (except as provided for in section 38-191)

Hydrofracking for the purpose of oil or gas extraction

Iron or steel foundry

Offal or dead animal processing, or treatment and distillation of bones, fats, or feathers

Oilcloth or linoleum manufacture

Paint manufacture

Petroleum refinery

Piggery

Potash manufacture

Racetracks of any description where a fee is charged or donations made (except as allowed under section 38-191)

Rendering or refining of fats, oils, or bones

Rubber manufacture or treatment

Smelter

Storage, processing, or disposal of hazardous waste or material

Tanning or curing of hides

Textile dyeing or finishing

Vehicle washing shop (except where public sewerage disposal is available and/or except where utilizing a water reclaim system)

Wastewater treatment facility or sewage sludge incinerator

Any use, not expressly permitted in this article, shall be presented by the property owner to the administrative officer. Upon application for the use not expressly permitted or at a preapplication conference, the administrative officer shall immediately transmit the application to the zoning enforcement officer.

Upon receipt of an application for a use not expressly permitted or following a preapplication conference regarding a use not expressly permitted, the administrative officer and/or zoning enforcement officer shall evaluate and determine whether the proposed use is of a similar type, character, and intensity as a listed use in section 38-191 requiring a special use permit. Upon such determination, the proposed use may be considered to be a use requiring a special use permit. If such determination is made, the application for the proposed use shall be heard as a special use permit for the use of a similar type, character, and intensity as listed in section 38-191 by the zoning board of review, or by the planning board pursuant to section 38-325 and section 32-46.

If an environmental impact study is requested by the administrative officer and/or the zoning enforcement officer for the use not expressly permitted, which is found to be of a similar type, character, and intensity as a listed use in section 38-191 requiring a special use permit, the study shall be conducted at the expense of the applicant and shall be included in the formal submission of the special use permit for review.

(Ord. of 6-23-1994, art. IV, § 14; Ord. of 8-27-2015(3); Ord. of 9-14-2023(2); Ord. of 1-11-2024(4))